Download or read book Early American Law and Society written by Stephen Botein and published by . This book was released on 1983 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law s History written by David M. Rabban and published by Cambridge University Press. This book was released on 2013 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.
Download or read book English Common Law in the Early American Colonies written by Paul Samuel Reinsch and published by The Lawbook Exchange, Ltd.. This book was released on 2004 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book English Common Law in the Early American Colonies written by Paul Samuel Reinsch and published by . This book was released on 1899 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Many Legalities of Early America written by Christopher L. Tomlins and published by UNC Press Books. This book was released on 2012-12-01 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of seventeen original essays reshapes the field of early American legal history not by focusing simply on law, or even on the relationship between law and society, but by using the concept of "legality" to explore the myriad ways in which the people of early America ordered their relationships with one another, whether as individuals, groups, classes, communities, or states. Addressing issues of gender, ethnicity, family, patriarchy, culture, and dependence, contributors explore the transatlantic context of early American law, the negotiation between European and indigenous legal cultures, the multiple social contexts of the rule of law, and the transformation of many legalities into an increasingly uniform legal culture. Taken together, these essays reveal the extraordinary diversity and complexity of the roots of early America's legal culture. Contributors are Mary Sarah Bilder, Holly Brewer, James F. Brooks, Richard Lyman Bushman, Christine Daniels, Cornelia Hughes Dayton, David Barry Gaspar, Katherine Hermes, John G. Kolp, David Thomas Konig, James Muldoon, William M. Offutt Jr., Ann Marie Plane, A. G. Roeber, Terri L. Snyder, and Linda L. Sturtz.
Download or read book Family Law and Inheritance in America written by Yvonne Pitts and published by Cambridge University Press. This book was released on 2013-05-20 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yvonne Pitts explores nineteenth-century inheritance practices by focusing on testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills, claiming the testator lacked the capacity required to write a valid will. By anchoring the study in the history of local communities and the texts of elite jurists, Pitts demonstrates that "capacity" was a term laden with legal meaning and competing communal values.
Download or read book A History of American Law Third Edition written by Lawrence M. Friedman and published by Simon and Schuster. This book was released on 2005-06-01 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.
Download or read book Early American Law and Society written by Stephen Botein and published by . This book was released on 1980 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and People in Colonial America written by Peter Charles Hoffer and published by JHU Press. This book was released on 2019-11-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential, rigorous, and lively introduction to the beginnings of American law. How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? And why did the early Americans develop a passion for litigation that continues to this day? In Law and People in Colonial America, Peter Charles Hoffer tells the story of early American law from its beginnings on the British mainland to its maturation during the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutionaries used their intimacy with the law to explain how their rebellion could be lawful, while legislators wrote republican constitutions that would endure for centuries. Today the role of law in American life is more pervasive than ever. And because our system of law involves a continuing dialogue between past and present, interpreting the meaning of precedent and of past legislation, the study of legal history is a vital part of every citizen's basic education. Taking advantage of rich new scholarship that goes beyond traditional approaches to view slavery as a fundamental cultural and social institution as well as an economic one, this second edition includes an extensive, entirely new chapter on colonial and revolutionary-era slave law. Law and People in Colonial America is a lively introduction to early American law. It makes for essential reading.
Download or read book Law Labor and Ideology in the Early American Republic written by Christopher L. Tomlins and published by Cambridge University Press. This book was released on 1993-04-30 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a fundamental reinterpretation of law and politics in America between 1790 and 1850, the crucial period of the Republic's early growth and its movement toward industrialism. It is the most detailed study yet available of the intellectual and institutional processes that created the foundation categories framing all the basic legal relationships involving working people.
Download or read book The Transformation of American Law 1780 1860 written by Morton J. Horwitz and published by Harvard University Press. This book was released on 1977 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
Download or read book Women Before the Bar written by Cornelia Hughes Dayton and published by UNC Press Books. This book was released on 2012-12-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women before the Bar is the first study to investigate changing patterns of women's participation in early American courts across a broad range of legal actions--including proceedings related to debt, divorce, illicit sex, rape, and slander. Weaving the stories of individual women together with systematic analysis of gendered litigation patterns, Cornelia Dayton argues that women's relation to the courtroom scene in early New England shifted from one of integration in the mid-seventeenth century to one of marginality by the eve of the Revolution. Using the court records of New Haven, which originally had the most Puritan-dominated legal regime of all the colonies, Dayton argues that Puritanism's insistence on godly behavior and communal modes of disputing initially created unusual opportunities for women's voices to be heard within the legal system. But women's presence in the courts declined significantly over time as Puritan beliefs lost their status as the organizing principles of society, as legal practice began to adhere more closely to English patriarchal models, as the economy became commercialized, and as middle-class families developed an ethic of privacy. By demonstrating that the early eighteenth century was a crucial locus of change in law, economy, and gender ideology, Dayton's findings argue for a reconceptualization of women's status in colonial New England and for a new periodization of women's history.
Download or read book The Transformation of American Law 1780 1860 written by Morton J. Horwitz and published by Oxford University Press, USA. This book was released on 1992 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Awarded the Bancroft Prize in American History in 1978, Morton J. Horwitz's The Transformation of American Law, 1780-1860 is considered one of the most significant works ever published in American legal history. Since its publication in 1977, it has become the standard source on early nineteenth century American law. In this monumental book, Morton J. Horwitz offers a sweeping overview of the emergence of our national (and modern) legal system from English and colonial antecedents. He begins with the common law, which emerged during the eighteenth century as the standard doctrine with which to solve disputes in an egalitarian manner. He shows that the turning point in the use of common law came after 1790, when the law was slowly transformed to favor economic growth and development and the courts began to spur economic competition instead of circumscribe it. This new instrumental law would flourish during the nineteenth century as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. Horwitz also demonstrates how the emergence of contract law corresponded to the development of economic and legal institutions of exchange. And he discusses how the rise of the market economy influenced legal practices, how contracts became ways to negate preexisting common law duties, and how (to the benefit of entrepreneurs and commercial groups) the courts were able to overthrow earlier anticommercial legal rules. Previous historical studies have viewed law and policy as an accurate reflection of the needs of an undifferentiated society. In The Transformation of American Law, Horwitz successfully challenges this misconception and shows how in the eighty years after the American Revolution, a major change in law took place in which aspects of social struggle turned to legal channels for resolution. Looking into the distribution of wealth and power during this time, Horwitz finds indeed that the change in legal ideology enabled commercial groups to win a disproportionate amount of wealth and power in American society. An accessible account of the history of law, this is a powerful statement on the great role of the legal system in American economic development.
Download or read book A History of American Law Revised Edition written by Lawrence M. Friedman and published by Simon and Schuster. This book was released on 2010-06-15 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of American Law has become a classic for students of law, American history and sociology across the country. In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices and attitudes toward property, slavery, government, crime and justice. Now Professor Friedman has completely revised and enlarged his landmark work, incorporating a great deal of new material. The book contains newly expanded notes, a bibliography and a bibliographical essay.
Download or read book American Legal History A Very Short Introduction written by G. Edward White and published by Oxford University Press. This book was released on 2013-11-21 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law has played a central role in American history. From colonial times to the present, law has not just reflected the changing society in which legal decisions have been made-it has played a powerful role in shaping that society, though not always in positive ways. Eminent legal scholar G. Edward White-author of the ongoing, multi-volume Law in American History-offers a compact overview that sheds light on the impact of law on a number of key social issues. Rather than offer a straight chronological history, the book instead traces important threads woven throughout our nation's past, looking at how law shaped Native American affairs, slavery, business, and home life, as well as how it has dealt with criminal and civil offenses. White shows that law has not always been used to exemplary ends. For instance, a series of decisions by the Marshall court essentially marginalized Amerindians, indigenous people of the Americas, reducing tribes to wards of the government. Likewise, law initially legitimated slavery in the United States, and legal institutions, including the Supreme Court, failed to resolve the tensions stirred up by the westward expansion of slavery, eventually sparking the Civil War. White also looks at the expansion of laws regarding property rights, which were vitally important to the colonists, many of whom left Europe hoping to become land owners; the evolution of criminal punishment from a public display (the stocks, the gallows) to a private prison system; the rise of tort law after the Civil War; and the progress in legal education, moving from informal apprenticeships and lax standards to modern law schools and rigorous bar exams. In this illuminating look at the pivotal role of law in American life, White offers us an excellent first step to a better appreciation of the function of law in our society. About the Series: Oxford's Very Short Introductions series offers concise and original introductions to a wide range of subjects--from Islam to Sociology, Politics to Classics, Literary Theory to History, and Archaeology to the Bible. Not simply a textbook of definitions, each volume in this series provides trenchant and provocative--yet always balanced and complete--discussions of the central issues in a given discipline or field. Every Very Short Introduction gives a readable evolution of the subject in question, demonstrating how the subject has developed and how it has influenced society. Eventually, the series will encompass every major academic discipline, offering all students an accessible and abundant reference library. Whatever the area of study that one deems important or appealing, whatever the topic that fascinates the general reader, the Very Short Introductions series has a handy and affordable guide that will likely prove indispensable.
Download or read book Common Law History and Democracy in America 1790 1900 written by Kunal M. Parker and published by Cambridge University Press. This book was released on 2011-03-14 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a change in our understanding of the relationships among law, politics, and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning, and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.
Download or read book Essays in the History of Early American Law written by David H. Flaherty and published by UNC Press Books. This book was released on 2014-01-01 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of outstanding essays in the history of early American law is designed to meet the demand for a basic introduction to the literature of colonial and early United States law. Eighteen essays from historical and legal journals by outstanding authorities explore the major themes in American legal history from colonial beginnings to the early nineteenth century. Originally published in 1969. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
